Legal Question in Family Law in Maryland
use and possession
In the state of Md how is use and possession of the marital home decided? My husband has our 4 yrs old son on tues and thurs and every other sat from 1pm to sun abt 8pm. He is trying to rack up nights so that he can get use and possession of the hse. He is fighting for shared custody. I have another son from a previous relationship and the 2 nights a week causes a lot of disruption. When he comes home he comes home with a lot of negatives from his dad... we are unable to agree on anything...i had to take out a protective order against him. What can I do to prevent him from getting cusody of my son and to get the house sold?
1 Answer from Attorneys
Re: use and possession
You can file a petition in court seeking full physical custody of your son. As things stand now, your son stays with your husband 5 out of every 14 nights, which is about 35%
of the time. Legally, this is considered a shared custody arrangement, which means each parent has at least 35% of the overnights. Use and possession can be awarded to the parent with custody, which typically means full custody. Its purpose is to prevent disruption in the child's life by allowing the child to stay in the familiar surroundings of the family home after the parents separate. It can be awarded for up to 3 years after the divorce takes effect. Consult with an experienced family attorney because you will need legal representation to accomplish your objectives.
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